Hatchigian v. Koch

BECK, Judge:

The novel issue presented is whether a Pennsylvania District Court judgment for the plaintiff has res judicata effect where the defendant appeals the judgment to the trial court, the plaintiff then suffers a judgment of non pros for failing to file a complaint in the trial court, and the plaintiff later institutes a new action in the trial court alleging the same cause of action against the same parties. We find that the judgment of the District Court does not have res judicata effect.

On November 19, 1984, Hatchigian filed a complaint in district court seeking $4,000 for…